Episode 2 - The Offence, the Interview, the Charge

Episode 2 - The Offence, the Interview, the Charge

What does the offence of wounding with intent really mean in law, and how do lawyers analyse the actus reus (guilty act) and the mens rea (guilty mind) of an offence? How are the prosecution able to rely on a law that came into existence over 150 years ago? You may be surprised! What is meant by Joint Enterprise? How do the prosecution seek to impose blame on suspects who were not those who actually committed the ultimate act of violence, whether it be a shooting, stabbing or an attack with a bottle used as a weapon? Find out the answer here. And what approach will Aidan, Bianca and Conor take in the Police interview after having the benefit of legal advice? Will they answer questions or choose to make ‘no comment’? After that, will they be charged and, if not, can they still be held by the Police? Or must they be released either on bail (with or without conditions) or ‘under investigation’? How do the prosecution go about deciding whether a suspect should be charged? We look at the two-stage ‘Full Code’ test and also how threshold charging decisions are made in urgent cases. Finally, will Aidan, Bianca and Conor be charged and, if so, what charge will they face? The final decision might surprise you.

Denne episoden er hentet fra en åpen RSS-feed og er ikke publisert av Podme. Den kan derfor inneholde annonser.

Episoder(27)

Series 2 Episode 11 - Appeals from the Magistrates’ Court - Conviction, Sentence, Case Stated and Judicial Review

Series 2 Episode 11 - Appeals from the Magistrates’ Court - Conviction, Sentence, Case Stated and Judicial Review

In this episode as we continue with appeals, we hear about how people who have had their case heard in the magistrates’ court can appeal against their conviction and sentence and what actually happens...

6 Nov 202440min

Series 2 Episode 10 - When the Prosecution Appeal - Unduly Lenient Sentences and Points of Law

Series 2 Episode 10 - When the Prosecution Appeal - Unduly Lenient Sentences and Points of Law

Content warning. This episode contains details (relevant to the legal issues being considered) of a case concerning the murder of a young woman in terrible circumstances which may cause distress to li...

30 Okt 202439min

Series 2 Episode 9 - Appeals after Pleading Guilty

Series 2 Episode 9 - Appeals after Pleading Guilty

Withdrawing a guilty plea and appeals following a plea of guilty. What do you do if you have pleaded guilty to a criminal offence, but now realise you were not in fact guilty? In this episode we find ...

22 Okt 202436min

Series 2 Episode 8 - Double Jeopardy and Wrongful Acquittals

Series 2 Episode 8 - Double Jeopardy and Wrongful Acquittals

Is there such a thing as an appeal against a verdict of Not Guilty? In this episode we look at the law on what is commonly known as double jeopardy, the idea (entrenched in law for many hundreds of ye...

15 Okt 202433min

Series 2 Episode 7 - The Appeal of Aidan Johnson

Series 2 Episode 7 - The Appeal of Aidan Johnson

In this episode we go to the Court of Appeal Criminal Division to hear the appeal of Aidan Johnson against his conviction for the murder of Daniel Clarke. Seeking to overturn the conviction on the gro...

8 Okt 202430min

Series 2 Episode 6 - How disclosure really works

Series 2 Episode 6 - How disclosure really works

In this episode, we take a deep dive into disclosure, that is how disclosure in criminal cases should actually work and why it is of vital importance in every criminal trial.  What do the rules actual...

1 Okt 202434min

Series 2 Episode 5 - When trials go wrong Part 2 - Identification, Science and Non-Disclosure

Series 2 Episode 5 - When trials go wrong Part 2 - Identification, Science and Non-Disclosure

Identification, science and non-disclosure as grounds of appeal in criminal cases Warning: this episode contains a criminal appeal case in which limited reference is made to sexual violence. Listener ...

24 Sep 202435min

Series 2 Episode 4 - When trials go wrong Part 1 - Grounds of appeal against conviction

Series 2 Episode 4 - When trials go wrong Part 1 - Grounds of appeal against conviction

Today we turn to grounds of appeal, i.e. the reasons why it is said that the jury's verdict is unsafe. And we look at a number of common grounds of appeal and the cases where they have been considered...

17 Sep 202440min

Populært innen True crime

krimpodden-vg
avhort
podme-krim
rss-avhort-aktuelt
krimarkivet-2
verdens-verste
rss-svarttrost
rss-henlagt-andy-larsgaard
insiders
rss-pa-innsiden-av-psychohoder
rss-domt-2
rss-espen-lee-usensurert
rss-domt-3
kriminalkrniken
forsvinningsfredag-podkast
rss-siktet
hold-pusten
truecrimepodden-dokumentar
truecrimepodden-2
dodens-gard